No Fees to Landlord Who Violated Zoning Laws

May 31, 1995

LVT Number: 9720

Tenant sued landlord in a dispute over use of a residential apartment for professional office space in violation of rent and zoning laws. The court ruled for landlord and landlord asked for attorney's fees. Tenant's lease held landlord harmless for any zoning violation and provided that tenant would reimburse landlord for any resulting damages. The trial court ruled that this lease language didn't entitle landlord to legal fees. Landlord appealed. The appeals court also ruled against landlord. The court found that the lease did contemplate legal fees.

Tenant sued landlord in a dispute over use of a residential apartment for professional office space in violation of rent and zoning laws. The court ruled for landlord and landlord asked for attorney's fees. Tenant's lease held landlord harmless for any zoning violation and provided that tenant would reimburse landlord for any resulting damages. The trial court ruled that this lease language didn't entitle landlord to legal fees. Landlord appealed. The appeals court also ruled against landlord. The court found that the lease did contemplate legal fees. But since both landlord and tenant were party to a scheme to evade the rent stabilization and zoning laws by using residential space for tenant's professional practice, neither side should profit from such an illegal arrangement.

Abright v. Shapiro: NYLJ, p. 26, col. 3 (5/1/95) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Rubin, Williams, JJ)

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